It is a sad fact that bullying of children at school is on the increase. Bullying can take many forms and can be perpetrated by an individual or a group. It can also be manipulative, making the pupil do something they should not, or deliberately engineering their discomfort or isolation.

Bullying behaviour

Bullying is behaviour by an individual or group that intentionally hurts another individual or group either physically, emotionally or psychologically. It can take many forms, for example:

• Verbal taunts
• Name calling
• Physical injury
• Damage to property
• Rumour spreading
• Shunning or ridicule

Bullying can occur over a short period of time or continue over many years. It can be physical or verbal or even just a look. It can be overt or subtle intimidation.

Schools do not always recognise vulnerable pupils as the victim may look like any other child. Bullies and their victims do not always conform to traditional stereotypes.

Bullying outcomes

What happens to victims of bullying is an emotive subject. Some victims may recover and some may bury the experience. There are others who suffer from emotional stress which leads to a range of outcomes, such as:

• Being afraid of walking to and from school
• Being unwilling to go to school
• Changing their route to school
• Doing poorly in their school work
• Coming home regularly with clothes or books destroyed
• Coming home hungry (because lunch or lunch money was taken)
• Becoming withdrawn or starting to stammer
• Becoming distressed and losing their appetite
• Attempting suicide
• Crying themselves to sleep
• Having nightmares
• Having unexplained bruises, scratches or cuts
• Having their possessions go ‘missing’
• Asking for money or beginning to steal money (to pay the bully)
• Continually ‘losing’ their money
• Refusing to say what is wrong
• Giving improbable excuses to explain any of the above

Your child’s rights

It is a fundamental human right for children to be free from abuse. Within schools, both the head teacher and governing body have a heavy responsibility for being alert to bullying and its consequences.

If your child is being bullied at school, our Education Law solicitors can assist you by writing a letter of complaint to the school on your behalf. This is the first step. If the response is unsatisfactory, we can refer the matter to the local authority and if necessary to the Secretary of State or Local Government Ombudsman. In very rare cases, if your child has suffered serious physical injury or psychological harm, we may be able to bring a claim for compensation in the High Court.

Important things to consider

Schools need to be clear in their policies about strategies to deal with the prevention of and sanctions for bullying behaviour. The governing body must review the school policy on bullying regularly, and school prospectuses should explain how children can report instances of bullying in confidence. A major difficulty is that too often victims will not report the bullying as they fear it may become worse. Pupils need to know that any form of bullying is unacceptable and will be dealt with.

Fear of bullying is by far the greatest anxiety when children transfer from primary to secondary school. Year 7 pupils should be given the opportunity to explore the issue in their Physical Social and Health Education (PSHE) lessons as well as in subjects such as drama and English.

We would advise you to find out whether your child’s school has a bullying policy by checking their website or asking the school for a copy. If possible, ask questions to establish if the policy is being followed?

Complaints of bullying should be addressed in writing, following the school’s internal complaints procedure. We can assist you either at this stage, or at the conclusion of this procedure. If you are unsure what to do, we would be pleased to advise you.

There are very few firms of solicitors with Education Law specialists who can advise on matters such as bullying of children in schools. Fisher Meredith has a long-established education team with dedicated education solicitors who can provide you with expert legal advice and practical solutions.

For our fees, please visit the Education Law Fees page.

Why use Fisher Meredith?

Fisher Meredith is an award winning London law firm with offices in Richmond, Surrey and Kennington, London. Our Education Law solicitors have an outstanding reputation for acting on behalf of individuals with highly successful results.

For 35 years, Fisher Meredith has developed a reputation for being approachable and “going the extra mile” for its clients whilst maintaining ethical and socially responsible standards.

We understand how damaging the consequences of bullying can be to children and how upsetting it is for parents when they discover – often some time after it began – that such behaviour has been directed at their child.

Fisher Meredith is ranked as a Tier 3 firm in the Legal 500 for practising Education Law.

What should I do now?

If your child is the victim of bullying at school, and you wish to bring a complaint against the school Governors, our Education Law solicitors can provide you with quality advice to achieve the best possible outcome.

For initial advice or to arrange a meeting with one of our solicitors, please contact our helpline on 0800 014 7445.